On March 21, 2022, Secretary of State Antony J. Blinken gave remarks at the U.S. Holocaust Memorial Museum in which he stated that he has "determined that members of the Burmese military committed genocide and crimes against humanity against Rohingya." According to Blinken, this is the eighth instance of genocide committed since the Holocaust. Secretary Blinken's decision was "based on reviewing a factual assessment and legal analysis prepared by the State Department, which included detailed documentation by a range of independent, impartial sources, including . . . Amnesty International...
International Law in Brief
International Law in Brief (ILIB) is a forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
On March 16, 2022, the International Court of Justice delivered its Order on Ukraine's request for the indication of provisional measures in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russia). Ukraine made a number of requests, including that the Court declare that no acts of genocide have been committed in the Luhansk and Donetsk oblasts of Ukraine, contrary to the claims made by the Russian Federation.
With regard to the question whether the Court had jurisdiction to indicate...
On March 14, 2022 the International Criminal Court (ICC) announced that Mr. Maxime Jeoffroy Eli Mokom Gawaka (Mokom Gawaka) had surrounded to the Court following a warrant for his arrest on charges of “war crimes and crimes against humanity allegedly committed in Bangui and other locations in the Central African Republic ("CAR") in 2013 and 2014.” The Chamber found reasonable grounds to believe that Mokom Gawaka is responsible for “crimes against humanity consisting in (attempted) murder, extermination, deportation or forcible transfer of population, imprisonment or other severe...
On March 9, 2022, the US Department of State designated “former Ecuadorian President Abdalá Jaime Bucaram Ortiz, Sr. due to his involvement in significant corruption, including misappropriation of public funds, accepting bribes, and interfering with public processes.” The statement of the public designation was “made under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021, as carried forward by the Continued Appropriations Act, 2022.” It “reaffirms the commitment of the United States to combat corruption that undermines the...
On March 8, 2022, President Biden signed an executive order banning the import of petroleum and related products of Russian origin into the US. The order prohibited the importation of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products. The order also prohibited any new investment in the energy sector in the Russian Federation by a United States person.
On March 3, 2022, the White House released a statement outlining its decision to target “additional Russian elites and family members who continue supporting President Putin despite his brutal invasion of Ukraine.” The statement announced that “[t]hese individuals and their family members will be cut off from the U.S. financial system,” which includes having their assets in the United States frozen and their property blocked from use. The statement also announced that “the United States and governments all over the world will work to identify and freeze the assets.” The statement...
On March 2, 2022, the United States became the sixth signatory to the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, following Costa Rica, Israel, the Russian Federation, Ukraine, and Uruguay. The Convention was signed on behalf of the U.S. by Ms. Jennifer DeWitt Walsh, Acting Deputy Chief of Mission. The Convention aims to "facilitate[...] the effective international circulation of judgments in civil or commercial matters" through a set of harmonized conditions for recognition and enforcement. The Convention will enter into force...
On February 27, 2022, the Security Council held an emergency special session of the General Assembly on the Ukraine Crisis, adopting Resolution 2623 (2022) by 11 Votes in Favor, 1 Against, and 3 Abstentions. Specifically, the special session was held to answer the question of “whether to use armed force, when necessary, to maintain or restore international peace and security.” Russia was the only state to vote against the resolution. According to a UN press release, in speaking on Russia’s decision to veto the Resolution “[t]he speaker for the United States said the Russian Federation may...
On February 24, 2022, following Russia’s attack on Ukraine in the early hours of the morning, both the European Union (EU) and United Kingdom (UK) announced sanctions against Russia.
Specifically, Reuters reports that EU officials have announced that they “[would] impose new sanctions on Russia, freezing its assets, halting its banks' access to European financial markets and hitting 'Kremlin interests’ over its invasion of Ukraine.” The goal of these sanctions is said to push Russia’s leadership to face “unprecedented isolation." More specifically, according to JURIST, the EU froze...
On February 28, 2022, ICC Prosecutor, Karim A.A. Khan QC, announced his decision to investigate the situation in Ukraine. Mr. Khan notes that, though Ukraine is not a party to the Rome Statute, "it has twice exercised its prerogatives to legally accept the Court's jurisdiction over alleged crimes under the Rome Statute occurring on its territory, should the Court choose to exercise it." He stated that he has reviewed his Office's preliminary conclusions on the matter and has concluded "that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have...